February 11, 2026

Dear County and District Superintendents and Charter School Administrators:

Further Update Regarding FERPA

Questions have arisen as to whether a support plan that includes information regarding a student’s gender identity and is maintained separately from a student’s cumulative file is subject to inspection and review by parents, upon request, under the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. 1232g.

Under FERPA, parents of students under eighteen years of age have the right to inspect and review the education records of their children, upon request. 20 U.S.C. 1232g(a)(1)(A); 34 C.F.R § 99.5(a)(1).  Under FERPA, education records are those materials that contain information directly related to a student and are maintained by the educational agency. 20 U.S.C. 1232g(a)(4). Education records excluded from FERPA are:

• records made by school personnel “which are in the sole possession of the maker thereof and not accessible or revealed to any other person except a substitute,” id. at subd. (a)(4)(B)(i);
• records maintained by law enforcement units of the educational agency or institution created for law enforcement purposes, id. at subd. (a)(4)(B)(ii);
• employee records “which relate exclusively to such person in that person’s capacity as an employee and are not available for use for any other purpose,” id. at subd. (a)(4)(B)(iii); and
• records “made or maintained by” a medical or mental health professional “in connection with the provision of treatment to the student” for students “eighteen years of age or older” that “are not available to anyone other than persons providing such treatment,” id. at subd. (a)(4)(B)(iv).

As we have noted in previous communications to you about FERPA, “[Assembly Bill] 1955 does not contradict parents' rights to request to inspect and review their students' education records under FERPA, even if they contain information related to a student's sexual orientation, gender identity, or gender expression.” (See Facts to Consider Regarding FERPA and AB 1955, dated April 1, 2025, at https://www.cde.ca.gov/nr/el/le/yr25ltr0401.asp; Further Update Regarding FERPA and AB 1955, dated April 11, 2025, at https://www.cde.ca.gov/nr/fa/yr25cosoltr0411a.asp; and Third Update Regarding FERPA, dated April 24, 2025, at https://www.cde.ca.gov/nr/fa/yr25cosoltr0424.asp.)

Moreover, no other provisions of California law, such as state privacy or antidiscrimination laws, contradict or override the right of parents to request their students' education records subject to FERPA.

Whether a support plan (or other education record of a student) is maintained by school officials in a central file or in a separate location to ensure privacy related to third parties (such as other school staff, students, or volunteers), it remains subject to a parental request for inspection and review in accordance with FERPA’s provisions.

For further information regarding FERPA, please visit the FERPA summary web page at https://www.cde.ca.gov/ds/ed/dataprivacyferpa.asp.

Sincerely,

David Schapira
Chief Deputy Superintendent
Chief of Staff

Ingrid Roberson
Chief Deputy Superintendent
California Department of Education